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V2428-23 7 September 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Exemption on sale of main residence requires being over 65 or having severe or great dependency

A taxpayer inquired whether the gain from the sale of her main residence was exempt, given she had been granted absolute incapacity by the INSS. The DGT ruled that absolute incapacity does not automatically equate to the status of severe or great dependency required for the exemption.

The question raised

Question raised: Whether the capital gain derived from the sale of their habitual residence is exempt from taxation, for the purposes of the provisions of Article 33.4.b) of the LIRPF.

The DGT's ruling

The exemption under Article 33.4.b) of the LIRPF applies to persons over 65 years of age or persons in a situation of severe dependency or great dependency pursuant to Law 39/2006. The recognition of absolute incapacity by the INSS does not equate the taxpayer with the degrees of dependency required for the exemption. For it to proceed, the situation of severe dependency or great dependency must be proven by means of a resolution from the Autonomous Administration.

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